WHERE ARE THE LAWYERS?

WHERE ARE THE LAWYERS?

“In the 1960s many lawyers, including me, went to the South in droves to protect and have implemented by going to appropriate Court to get an injunction enforcing the oppressed Blacks right to vote. We hear from many the young generation is our hope. Why are the young lawyers not organizing to do this now for an election that will seriously impact the future of any American Democracy?”
Jonathan A. Weiss Esq.

The world and American democracy are in crisis. Lawyers have played, do play, and will play an important role in how the future develops. Required to represent their clients “zealously” in legal frameworks, the major ethical question presented is what class of clients do individuals chose to represent. The choice covers a large range of possibilities from bureaucracy to corporations to institutions based on principles, purposes, and causes. At this crucial moment, lawyers who could constitute a vanguard are missing in action.

The background helps us understand why. Within the last few decades law firms have grown in size more than exponentially. One firm has 10,000 lawyers. This growth has become international with big firms operating in Europe where a firm used to be a “studio.” (Heavy student debt has impelled many to join this legion,) The “public interest” legal institutions (now some reactionary which are not relevant to this analysis) appear no longer driven by the ideals of protection and enhancement of the basis of Constitutional American Democracy with equalities essential – there little evidence reported that they still bring impactful suits in these areas. The ACLU, after years of devotion to Free Speech (e.g. supporting the Nazis who demanded a parade permit to march in Skokie, Illinois where many holocaust survivors had settled, with the motive of marching in Chicago) issued condemnation of the hateful chants, shouts, and rhetoric of the racist fascist demonstrators in Charlottesville, and now operate with guidelines for representation including the “content” of he speech. The justly legendary NAACP, Inc. Fund (once led by Thurgood Marshall who became an outstanding Judge in the 2nd Circuit and Supreme Court) has yet to file suits against the large range of voter suppression and gerrymandering (violative of principle of “one man one vote”) enacted with clear racist motivation, nature, and effect. Other organizations based on its model for Mexicans, Puerto Ricans, Asians, etc. have not filled the void.. Legal Services which served millions or poor people and brought many important law suits is no longer attractive, hog tied by legislation (declared proper by the Supreme Court) became stultified bureaucracies (with many meaningless. or worse, meetings) servicing some in need but not attacking root problems, or even approaching them. If these institutions had persisted properly, joining them would have enabled pursuit of just causes for the interests of the class of clients selected.

The current Supreme Court, although it keeps reducing its case load (while deciding some issues secretly in a shadow docket) casts an appalling pall over hopes of protection against reactionary movements and laws, elevating corporations to people with freedoms to spend money on politics, etc. Justifying with dubious arguments, their political decisions no longer have even the veneer of reasoning to a conclusion. It is important, however, to recognize their current condition is an extremist culmination of bad decisions, clearly violative of a reasonable implementation of the Constitution, Bill of Rights, Civil Rights Amendments (e.g. the creation and expansion of “qualified immunity” for police misconduct even cold blooded murders) Justice Deferred by Derfner and Burton (Harvard) thoroughly, precisely, and persuasively demonstrates that the Court has led racist agendas. (Brown v, Board just reversed Plessy v Ferguson which held you could be separated and kept “equal” in principle and fact – the final death knell to reconstruction, letting Jim Crow fly completely to desecrate the principles of freedom and equality, which some claim justifies the Civil War.) I have detailed how the Court radically has gone down the wrong road in “Criminal law” in The Road Not Taken (Seton Hall Legislative Journal 2000-2001). A green light of lawyer inaction (combined with Supreme Court hostility to elections not corrupted by money and racist laws) has spawned many new voting suppression laws, some more to come. But no legal challenges.

Gerrymandering has been extreme (Texas leads the way) but no law suits have been filed in spite of the clear meaning of the series of “one man one vote” cases. Polls are unreliable, but it is interesting that one out of three polled recently believed the Supreme Court should be abolished. With or without it, there are State Courts with State Constitutions, and some Federal Judges whose cases are not likely to be subjected to the reactionary dominated Bench..The time is now for many focused actions to empower the oppressed and segregated to vote, to oppose in public, courts, and legislatures the many repressive laws and actions. (Some stemmed from”wars on —drugs and terror. Dick Cheney is reported to have said after 9/11 “Good, we can now go to the dark side” and his administration did…twenty years later, the bad effects are prevalent, any good ones missing.).Bar organizations still can speak out.

Law schools are apparently not helpful. The word police oppose the reactionary Federalist Organization (a major path for appointments to the Judiciary) creating furors over who said what rather than engagement jursiprudentially. Clinics are now serving corporations, destruction of the Religious Establishment clause, etc.; some do continue to do outstanding work.

Bar Associations and Prosecutors have failed even to attempt sanction the blatant corruption, propagandistic lies, and conflicts of interest of the last Presidential administration.  (Anti-trust law enforcement by government and lawyers is also missing in action). Frivolous law suits galore were filed to set aside the Presidential election results but no actions yet (although threatened abstractly) with no concern about lawyers returning to lucrative law firms after their participation in the outrageous breaking of norms and laws. Thus far, the most that has happened is a “suspension” of Rudy Giuliani. Prosecutors accepted. without reason, that a dictum in an internal FBI footnote about impeaching Spiro Agnew prevented any prosecution of a sitting President which was stated without any justification. (Mueller used this proposition to claim it would be “unfair” to the President to declare his obvious grievous guilt because. since he could not be prosecuted, he couldn’t defend himself!).

Many prosecutors made continuous public noise about what they would do when there was a new President. Thus far they have done nothing. Even the mass media has noted Trump’s violation of the emoluments clause of the Constitution, clear tax and other frauds also involving his family, illegal diversion of funds, inciting riots, etc. – so many outrageously illegal acts that a cottage industry of books about them is flourishing. Yet no prosecutions. (It has been reported that the New York City General Counsel was about to prosecute Trump, but did not at the behest of his largest campaign contributor…years ago). At least, there is a Congressional committee investigating a treasonous violent attack to perpetuate a coup on January 6. Trump ordered his aides not to testify so Steve Brannon refused to do so. The case has been referred to the Justice Department. as I write. so we shall see if there are any legal consequences – recalling when HUAC and McCarthy ruined so many lives, imprisoned people for not “naming names” with any association with Communism, using threats and use of contempt powers.

Two recent manifestations of the malaise of inactivity by lawyers who should have acted:
( 1) The Supreme Court (“no evidence” of “racism” per Chief Justice Roberts) stripped the Congressionally created “pre clearance” required by the Voting Rights Act by the Justice Department of law affecting voting. Immediately, many States passed laws clearly designed to suppress voting, particularly by racial minorities. These laws still violated the Voting Rights Act (so would not have been precleared.). They were vulnerable to suits after their passage under that Act but none were brought…inexplicably.
(2) Joe Arapaio, in New Mexico selected (often innocent)“Mexicans” for prosecution and torture by placement in blazing heat to receive national attention for many years, even the honor of a New Yorker article. Finally, he was convicted of contempt of Court for continuing these practices against a court order in time for a Trump pardon.

On the other hand. we are presented with the spectacle of Chevron using the Federal Courts implementing Chevron’s campaign to punish the lawyer Donziger for successful pursuit of Chevron to keep their promise to restore land ruined by their drilling in Ecuador. Chevron’s success so far (let us see how quickly the Second Circuit acts and hopefully remedies) was accomplished by Judicial maneuvering to get a Judge in charge who had been a board member of the Federalist Society. After refusal by the government to prosecute him for refusal to turn over his computer and phones on the exalted Legal Ethical principle of client confidentiality, she appointed a private prosecutor – a law firm. Seward and Kissel, that had Chevron as a client. She imposed unheard penalties from long time home confinement to prison. Not the State Bar Association, County Bar Association, or City Bar association have taken any interest or filed briefs or even statements about retaliation, confidentiality, extraordinary unjustified punitive actions against a lawyer’s “error: in litigating for indigenous people’s fight to for their habitat, and implicitly, a healthy environment in a this time of dangerous global warming.

Civil procedure, full of complex, ambiguous rules, operate in conjunction with delays to favor corporations. Insurance companies rarely pay until the day litigation may go forward, perhaps with enough time so the injured or damaged claimant will die. Big law firms employ many motions on procedural grounds. They grind through pre trial “discovery” until they have accumulated large fees then settle at an amount that could have most like been reached at the beginning. A survey of “litigation” departments of these big firms would disclose how few trials ever occurred. In speciality Courts, landlord-tenant (perhaps better labeled landlord), cab inflicted injuries, “regular players” – lawyers there every day – are treated preferentially with irritation at new theories presented by opponents. In Family Court, the docket is used to penalize aggressive lawyers by placing their cases at the end of the day. “Incompetency” proceedings, with no right to counsel, often run through a mill. (In New York City, a report on these problems was issued including psychiatrists who had been used by the counsel who did represent them.) There has recently been a lot of coverage of Brittany Spear’s treatment by her father “conservator” which is common, not unusual. The corresponding prosecutorial preference is well known for criminal matters while overturning a conviction requires overcoming heavy burdens, including evidentiary. Some prosecutorial abuse is spectacular but there appear to be about one disciplinary action a year in the United States against them. The Innocence Project (with some of their cases documented and available on line) has apparently done splendid work to overcome the obstacles for few of the many unjustly convicted, some facing State murder. In this connection, the present system of incarceration ranges from forced cheap labor (inmates in California were extensively employed to fight fires but are precluded on release from joining the fire department) to trauma purposely induced solitary confinement (with an apogee of “maximum security” isolation from almost everything from the outside) to horrible conditions, and danger from guards and other inmates (the Attica slaughter under Rockefeller’s direction was originally reported as dangerous unhinged prisoners causing harm and brutalizing captured guards). Those instead convicted of “white collar” crimes are sequestered in communities with amenities. I have published in Verdict about the right of ex-felons to vote which is now in the political process. Bar associations and their publications do not concern themselves with these matters although they now applaud “diversity” constantly. Whether appointed or elected, most Judges and Prosecutors owe supporters favors. Conflicts of interest are obvious, sometimes noted but not acted upon. (Again, knowledgeable people has described a prosecution nipped in the bud against Trump because the prosecutor’s main donor asked that it be dropped.)

On January 6, an organized and incited mob (with official and even congressional complicity and details still being revealed) committed violent treason, destruction of Federal property (its protection used to justify police violence against protestors), to try to perpetuate a coup.

Treason is so important that it is grounds for Impeachment. People were killed (six and eleven suicides) and injured while Federal property was destroyed and elected officials forced to run and hide for their very lives. Yet, these dangerous people are rarely imprisoned or forced to pay high bail (a cause for so many incarcerated – Riker’s Island is now famous for harm inflicted). They are only charged (with one exception) with misdemeanors (almost all pleading guilty to “misdemeanors” -entailing much less jail time than those in prison for missing parole appointments or using drugs.) Why are the Bar Associations, lawyers with articles and editorials, not raising the roof over this “mollycoddling”? Where is that comparison to people in jail for missing parole appointments and minor infractions, or comparison to treatment of peaceful protestors, etc.? Where is the outrage?

Some journalists, some scholars, some researchers have documented and published about these matters. There are some courageous able lawyers representing those unfairly treated. They do tend, however, to be those that started in the 1960s when it was fashionable – with a galvanized civil rights movement with many accomplishments. Nixon and Runsfeld ended the successful “War on Poverty” initiating the enforced deterioration of Legal Services, culminating in a law, backed by some claiming to speak for legal services, upheld by the Supreme Court abolishing attorney fees, class actions, raising Constitutional claims, etc.

All we have presented indicates a public record that there is a sea of injustice where few lawyers even dip a toe (lip service “Pro bono”) while the Bar at large and its associations remain silent and inactive – not accepting the challenges to the law’s integrity and purpose or its essential role in a Democracy with genuine equality, dignity, and freedom nourished justice. supported by a properly functioning legal system’s depending on lawyers concerned with Justice and fair legal implementation, . Without layers guiding the blinded Justice, without real attention from lawyers institutions and organizations, Justice will remain blinded to all the serious deficiencies, now increasing, in the legal system.

The Progressive caucus is Congress’s largest. Many citizens now participate in local governance (school boards). Following the Civil Rights movement then Occupy Wall Street through public demonstrations. rights once trampled on are being asserted with degrees of success and recognition. Environmental activists, featuring Native Americans, have been admirably active and appear often in the news. (Donziger’s treatment serves as a warning to lawyers.). New organization are galvanized to help prevent an apocalypse from overpopulation, climate change, and plagues…and the end of Democracy in 2022.. There should be a widespread urgency – “hurry up, it is time.” But. .The Legal System’s organizations and leaders seem unaffected, unmoved, and inactive.

Where are the lawyers?

Towards Effective Adjudicative Ethics by Jonathan A. Weiss

Towards Effective Adjudicative Ethics by Jonathan A. Weiss

Introduction

The Federal Rules of Judicial Conduct is a through detailed careful achievement. (The Breyer Report upon it is scholarly and thoughtful.) Perhaps and maybe probably most Federal Judges know it well and attempt to follow it. Practitioners in the courts are often not familiar and transgressions appear to take place which do not precipitate effective enforcement. The further away from Presidential appointed Judges, the less these rules seem to guide. Federal agencies may be without such clear controls. State Courts have their own Rules of Judicial Conduct. There are many instances reported (and unreported) of violations. The administration of “justice” in non Judicial settings is often lacking in the appearance of civility and actuality of due process, yet affects many.

<snip>

Selective Inflation Increases Financial Gap by Jonathan A. Weiss

“Controlled” inflation is generally considered superior to recession (a fortiori depression) with steady growth in the GNP. But inflation, particularly in certain areas, also can inflict harm on many citizens (our focus is on the United States of America). Allocation of resources, caused by public policy (including taxes on individuals and corporations coupled markets with corporation influence (particularly pernicious with monopolies) so that the poor and working classes, are often adversely affected. Trump’s tariffs will increase inflation for many items including household essentials.

<snip>

 

PA BioPharma PDF – 1998 Tom Ridge Governor – shared for 24 hours
https://wormhole.app/ZM9a8#j8lC0B96x_Sneah4yQdMLA

 

How Racism Shapes Tax Policy

Headlines Thanks to Jonathan A Weiss Esq.

OLDER

Typical Academia
How a mysterious man fooled a Harvard scholar into believing the ‘Gospel of Jesus’ Wife’ was real
In 2012 scholar Karen King announced the academic discovery of a lifetime: a scrap of papyrus, purportedly from the early days of Christianity, in which Jesus refers to a woman as “my wife.” A new book says King was fooled by a brazen forgery.

Enjoy The Routes of Racism Queen Elizabeth’s family and Firm

Evidence that Bankers are Thieves Commit Fraud 2020
ALL OF THE FRAUD IS DONE BY BANKS, BANKERS AND COUNTRIES WHO COULD CARE LESS.

Dripping with oil built from father’s involvement in Russia.
https://wallstreetonparade.com/2020/10/charles-koch-should-be-on-the-presidential-debate-stage-tonight-not-donald-trump/

Democracy Journal: Limbaugh Was Partly Scalia and Bork’s Fault

My grimly ironic conversation with Trump, the fourth horseman of our media apocalypse

AGARIC https://agaric.coop/initiatives
Large growth of unions and coops are probably our best practical oppositions to pervasive corporate capitalism.

Newer

Zoom paid $0 in federal income taxes on 4,000% profit increase during pandemic: report

What are Facebook and YouTube thinking?!
Trump Insurrection Update https://twitter.com/ultraviolet

More State Lawmakers Should Consider How Racism Shapes Tax Policy
State lawmakers nationwide can learn from the Oregon House Revenue Committee’s efforts to understand and account for the effects of racism on the state’s revenue-raising system. In February the committee held a hearing, convened by the legislature’s Black, Indigenous and People of Color (BIPOC) Caucus, examining Oregon tax policy through a racial equity lens, the ways in which the state’s revenue system harms communities of color, and what can be done to repair that harm.

Persecutors are self promoting schmucks who should not be allowed to speak publicly about cases – see Ghouliani
US Court Judge Amit Mehta warned Justice Department prosecutors about comments made in recent news interviews regarding the US Capitol riot investigation and said he would impose a gag order if such remarks continue. The matter of a “60 Minutes” interview of Michael Sherwin, former interim US attorney for the District of Columbia, has been referred to the DOJ’s Office of Professional Responsibility for review
Full Story: National Public Radio (3/23),  CNN (3/24)

The US Court of Appeals for the 1st Circuit on Tuesday examined the extent of police officers’ authority to use a secret camera for continuous monitoring of a suspect’s home in Massachusetts. The case, which involves family members charged with drug trafficking, also addresses the issue of when a warrant is necessary to conduct such surveillance.

Full Story: Courthouse News Service

President Joe Biden plans to nominate Lina Khan, an expert in antitrust issues who advised House lawmakers during a probe of technology giants, for a Federal Trade Commission seat. Khan teaches antitrust law at Columbia Law School and was an employee of Rohit Chopra, a former FTC member. Full Story: Axios
The US Court of Appeals for the Federal Circuit has held that a federal agency citing poor performance in dismissing an employee must prove that performance problems occurred before the employee was placed on a performance improvement plan. The decision reverses Merit Systems Protection Board precedent, and the MSPB will now review the case to determine whether a former NASA employee faced retaliation because of his military service.

Full Story: Federal Times

https://www.smartbrief.com/subscribe

Right-wing white evangelical #MAGA “Christian” movement.

Finds crude bigotry, petty resentments, hypocrisy, authoritarian personality cults & violent idolatry.

Separation of church and state? Anyone? Born to rule elites? Dynastic rules ordained by their god? Rightwing historians who say Revolution was led by pious monarchists who wanted to create a Christian polity.

The divine right of wingnuts
Harvard’s Eric Nelson stokes a loopy monarchist movement in America.
On March 25 the conservative Heritage Foundation will host a “virtual event” titled “The Crown Under Fire: Why the Left’s Campaign to Cancel the Monarchy and Undermine a Cornerstone of Western Democracy Will Fail.” Announcement of the event left a lot of people wondering how and when the American right became partisans for the British monarchy. “Quite a plot twist here,” marveled Maggie Haberman of the New York Times. Writing in the liberal Mother Jones, James West scratched his head at the right “tearing up the Declaration of Independence to own the libs.”

QAnon conspiracies are just the latest iteration of a long tradition of right-wing extremism, rooted in white supremacy and anti-Semitism.
“I wanted to get inside [the Capitol] so I could plead the blood of Jesus over it. … I just felt like the spirit of God wanted me to go in the Senate room.” That Black would storm the Capitol in the belief that he was carrying out God’s will should come as no surprise to anyone who has followed the troubling relationship between white evangelical Christians and conspiracy theories over the past four years.

The FoxNews-isation of Australia on full display at Murdoch’s SkyNews. We all know Christian Porter was the biggest story yesterday, but there wasn’t a single video on Sky’s YouTube or Facebook. Just more right wing grievance and LNP propaganda. #MurdochRoyalCommission
A rightwing Christian ministry with a massive following has been using Facebook to promote dangerous misinformation about COVID-19 and about the vaccines that could end the pandemic Media Matters
Right-wing pastor Rick Joyner declares that civil war is inevitable and says that Christians should not waste time praying to prevent it and should instead focus on acquiring weapons in preparation for it.<

Ontario’s Deputy Minister of Education Sam Oosterhoff. He’s 23, extremely Christian, right-wing, anti-gay, anti-abortion, anti-sex-ed and was homeschooled and never went to college.

Right-wing pastor Shane Vaughn says conservative Christians must press states to tighten their voting laws in order to “prepare the way” for Trump’s return, just as John the Baptist prepared the way for Jesus Christ.

“he had a bad day”
“we dont know it was racially motivated”
“he was an incel not a racist”
“these were crimes of opportunity”
“he was a good
christian boy”
Just say it A white
christian targeted Asian people due to right wing stochastic terrorism

PARTIAL PICTURES PRESENTED BY PUNDITS by Jonathan A. Weiss Esq.

PARTIAL PICTURES PRESENTED BY PUNDITS

by Jonathan A. Weiss Esq.

One of the many frustrations of following the news on the daily mass media is not only its presentation before full information but also the pundits who instantaneously proclaim a position and perspective which they and others repeat, without context or development for a “news cycle” – often mimicked in other periodicals. Most important issues are complex, multi sided, with counter considerations which should have been presented. Three (related) examples follow.

In the current United States (as in most of the “West”) the declining birth rate troubles many. Particularly upsetting for some is the desirable supplementing of the work force by migrants (even refugees fleeing with desperation – some caused by American policy which might argue for their admission as “reparations.” The birth rate issue is not a major theme (like the related climate change) often commented on, although significant to many Americans (particularly racists and xenophobes.) It serves well, however, as a first topic.

Given the current industrial revolution for the essentially capitalistic society we inhabit, the issue with women and their choice to have, rear, enjoy, fulfill themselves, and help produce useful citizens inevitably arises. (Under the New Deal, aid to mothers with dependent children should have been viewed as providing adequate resources to the poor to do so.) We should start not by worrying about numbers of individuals available to compete with others, computers, and robots but by recognizing involvement in children’s development with pursuit of curiosity and revelation of character with predications and abilities is exciting, rewarding, fulfilling, educational, and challenging. (Parental leave, practiced in some countries and by “stay at home” fathers suggests a range of equivalency for fathers to be factored into any social policy.)

But many factors enter. Women who choose to rear children properly either can continue to work (with tensions – e.g. breast pumping in private, now in litigation about the New York Police force), delay their entry, or take time out. Having children and rearing a family (if not imposed by culture or accident) is usually a rewarding, fulfilling experience. Watching them grow, enjoying infant’s affection, openness, honesty, learning, and curiosity, the pride and pleasure, hopefully, in achievement brings joy to parent’s , men and women, while women are uniquely equipped to have an early (and continuing) beneficial effect. Some may disagree with this last proposition, but for women who affirm it, facilitating her choice must be a social priority for parents and children alike regardless of cliches about “birth rate.”

Women not working also can shop better and often engage in community activities. Children, their own – and their friends, may be their main source of enjoyment. If an infant or child has special needs, they are available.

Age discrimination creates gender discrimination. If there is an arbitrary retirement deadline, then women who work less time, before that cut off, will receive less total money with less benefits on retirement. As youthful appearance is considered a positive for application and promotion, ageism again enters.

Corporate culture is sexist. Fox TV thrives even as the series about it and the movie “Bombshell” circulate focusing on forcing women to confirm to dress and appearance codes (Barbie Doll blondes displaying their legs), tolerate insulting and demeaning remarks, and consider advancement by allowing their bodies to be used by powerful men there. Big Law firms, in particular, have become corporations with similar characteristics more subtly present. Most jobs offer nowhere near the enrichment that many activities fostering creativity, helping others, mastering a discipline or craft, helping others, in particular, or including child rearing provide. Most do reflect patriarchal hierarchy with related expectations about appearance and conduct. For all, combating discrimination with its negative and exclusionary force remains a high priority before abstract consideration of “birth rate” (and its contribution of future workers).

But, poor women, particularly, and particularly if alone, are now not given proper support. Even not acknowledging the rights suggested by the New Deal and Roosevelt’s attempt to expand it.  The need for day care is obvious. Community based day care becomes appropriate at some stage with proper selection and supervision with awareness of the danger of baseless charges such as occurred in California and New Jersey against the mainly dark and foreign related workers. Community centers with skilled offering of education and help in home maintenance, psychology, consumer matters, the laws and their enforcement, groups for discussion and even action, and free lawyers available for protection from predators should be made universally available. It can not be exaggerated how emphasis on reading with libraries and books in the home is important (as is the obverse of clean consistent limits on modern technology such as phones, computer, loud music, and television. A good example of journalistic overlooking such crucial factors infects the debates about reducing the number of Asians -somehow now lumped as White -for admission to elite schools dependent on their test scores. Sex education must be available; contraception devices free and easily accessible for both parents and children (appropriately) to mitigate hormones and peer pressure..

In this connection, we must recognize a sharp distinction between contraception and abortion. Abortion, as a social policy, must equalize the opportunities for the poor as well as the rich and therefore widely and legally available. But, as an ethical issue it is hard to draw the line between infanticide and burden. Contraception raises no such issues (in spite of bogus claims of instant “abortions” from coils and “morning after” pills). The widespread availability of contraceptive devices would limit the consideration of abortion, including for women seeking career fulfillment.

Women, even in a capitalistic society, are not simply workers. Yet, no one seems to despair although in most families now, mothers and fathers both have to work to supply enough income (and the often illusory) provision of benefits when before the fathers alone supplied enough. This is not women’s liberation but wage slavery in a word of great wealth inequality.

Birth rates are statistical, Any account of them, any consideration of them in the work force requires considering the special challenges, possibilities, and contingencies they encounter, which society and the work place, musts be incorporated in any discussion of birth rates, human rights, and female oppression. Giving women realistic choices should not focus on “birth rates” but individual choice and fulfillment.

The Redstockings have led the intellectual way in vigorous pursuit of feminist objectives while considering them intertwined with class, race, and working conditions, etc. Organization is crucial. Consider the largest strike in American history with 20,000 young women and girls closing down garment “sweat shops” until they obtained real concessions. One of the few places not to accept unions and new conditions was the Tristate Shirt factory.  It burnt down several weeks after the agreements – using the death of 476 females, inspiring, by its horror, Francis Perkins, the Great labor leader who became Labor Secretary.

Boodle Boys
Thomas Handasyd Perkins, a wealthy merchant and Boston Brahmin, amassing a huge fortune smuggling Turkish opium into China.
Frances Perkins was born Fannie Coralie Perkins in Boston in 1880.
Warren Delano, Jr., the grandfather of Franklin Delano Roosevelt, was chief of operations for Russell & Co., another Boston trading firm which did big business in the China opium trade in Canton.

Any discussion, of course, implicitly refers to other cultures (with the abuse of child brides in some) with pervasive patriarchy and religious degradation. These are cultural problems, partially susceptible to feminist pressure, but essential to recognize buttressing subtle, and not so subtle, American male domination. How can powerful traditions and dominant religions be combated here? (See my article Clash on this website)

On the other hand. . . .

Sexual (particularly child) abuse, when properly defined (primarily physically imposed invasion of private sensitive body components) must be combated vigorously. We suggested its possibility in the working world, focusing on corporations with their own “quid pro quo” as part of the politics that infect institutions. We should all affirm that it is evil.

The solution offered is to increase time in which to file a suit (statute of limitations.) No one seems to oppose such an idea but it is wrong.

We should have learned that criminal prosecution does not solve social (arguably criminal) problems. We have seen how the War on Drugs, the War on Terror, the Criminal Law Act of 1974 have led to a prison industrial complex, mass incarceration (with terrible conditions), perpetuates racism and class distinctions, and alienated (mainly poor) communities. It must be emphasized that what is crucial for criminal law is enforcement. Child and sexual abuse (recognizing the deep and lasting trauma characterizing such evil which does lead to hesitation and delay in reporting) should be immediately reported, properly police and prosecutor handled, and brought to trial speedily. The “me too” movement seems helpful too as well but extending time limits will be nowhere near as effective as proper accommodation for complaints, immediate fair investigation, and justified prosecution – the proper focus, not time limits as the right or only remedy now discussed in isolation.

Revenge, at long last, may motivate the extension. But should we encourage revenge , noting its effects between tribes and nations? Does it really help the traumatized victim or just offer a public story which satisfies the angry? I suggest it is not enough to extend time based on such an emotion, even when based on trauma  – also induced by other injuries, some inflicted on purpose, handled in personal injury law.  It probably does not diminish the trauma nor provide even a balance. Note, that in both the Cosby and Weinstein prosecutions, victims barred by the Statute of Limitations from giving testimony (an arguable use) are permitted to tell their stories which appears to create a strong impetus to conviction.

Statute of limitations (often the same for many laws – with triggers in discovery of wrongs) operate from the general principle that after a period of time, memories grow bad.

In this area, where it may reduce to “she said, he denies” it is particularly applicable (actually leaving real victims even more susceptible to damaging cross examination). Litigation, civil as well as criminal, favors the party with the best lawyers (as money can buy) – prosecutors rarely face adequate advocates except for the rich and the exceptional private or legal aid attorney. Justice will not be delayed but often thwarted if we turn to the courts for delayed consideration.

Needless to say, continued abuse means more recent events and more witnesses. We are presently, thankfully, watching some real action here. Serial abusers are like serial murderers no statute of limitation because death is worse than trauma.  When they continue to commit, proper administration processing complaints and prosecutions, should have recent examples.

If the incident is isolated in a long time past, then prosecution and incarceration may help no one (and hurt families). Certainly it is not then needed as a personal deterrent or a means to current rehabilitation. (If there is any deterrent effect in general, it is not likely augmented by prosecutions of old terrible transgressions.) Recognizing the terrible trauma induced by these acts is not remedied by later litigation, including civil. The widespread availability for counseling, etc. is a better social policy consider the Redstockings”consciousness raising” and “sisterhood is powerful.” Again, real availability for healing programs in poor neighborhoods is a high priority. The discussions should lead in this direction rather than a quick “legal” fix.

The decline in birth rates for some countries has been overwhelmed by world wide overpopulation. Few images are sadder than all the infants and children in refugee camps – if only contraception has been advocated before incarceration and after. Global warming associated may be the biggest disaster we now face (with the pundits rarely correlating the two with its obvious implication for cultural change and universal availability of contraceptives implemented, urged, and used.)

There may be a range of persuasion as to human contribution to global warming (with a range from irreversibility with feedback for melting ice to a lesser degree of connection) but there should be no doubt human activity can help remedy the current disastrous development. Most focus is on carbon essential for life – except perhaps for some rare deep sea denizens. Cap and trade is obviously wrong as it weakens overall reduction and increases chances for corruption, complication, and incompetence but still raised. Those who would benefit hope to quiet outage by offering that for the remedy to be discussed. (We may differ on the extent of the downside of technology – with computers a normal daily source of frustration making us as rats in a maze – but there certainly is the benefit projected for reducing and combating energy consumption, as well as countering those“green house” gasses.)

The issue of carbon reduction is handled inadequately in the mass media. Electricity as a source of energy used to substitute is often produced by carbon fossil fuels, coal, oil with environmentally damaging fracking (with destruction of Native American lands and religious sites). The emphasis for technical advancement is not sufficiently covered or encouraged (e.g. in smoke stacks, exhaust emissions.) The important fact is that plants are much better than any human devices while Australia and Brazil (the Amazon has been called the lungs of humanity) burn down.

No one mentions to sacrifices required for types of leisure. (The “carbon print” of “Virtual Reality” is very high.) “Smart” phones, video games, the internet etc. use a great deal of polluting energy. Many other people besides Trump play golf with the ecological devastation resulting. Amusement parks, unrestricted tourism, the use of flight rather than ground transportation cause significant pollution. Car culture with the fetish of SUVS, designed to avoid emission control, creates a great deal of pollution when extensive mass transportation inter and intra-city (accessible) would help alleviate it. The use of solar panels, ocean wave power, wind power employed whenever possible is desirable, probably essential, to augment what plants do best for “green house” gasses – as we watch with horror the destruction of forests and too little, too late or impossible restoration.

Climate change is part of a bigger problem for the destruction of the planet and what makes it beautiful and enjoyable. Monsanto and agribusiness have wrecked food production, quality, and small farmers without regard to the vital necessity for other plants to clear the atmosphere (and allow for bees and migration to prosper rather than disappear.) Industries pour pollutants and carcinogens into our water, earth, and air, joining with many other industries .They divert money from maintenance. (Consider Flint not only for the poisons in the water from industries but also the old leaden pipes)

Plastic is a major environmental issue not clearly connected to global warming but neglected in discussion of environmental degradation. There may be biological (worms eating) or technical (means of gathering) solutions, in a future perhaps too far, but any discussion of global warming must include this issue as part of the real threatening situation. Industrial waste (and garbage) before and after consumption causes global warming as one, not the only, danger to human health with poisons pervading oil, soil, and water. They all should be discussed together.
see James Ridgeway in the 1970’s

These are very difficult , if not terrible times. Pundits pontificate superficially. An educated active engaged public needs to consider the crucial factors in a broad perspective. I have suggested some.

We can now watch the pundits about Trump’s attack on Iran.
Maybe ask question would we have approved of Hitler asasination before actual war?
“The options included strikes on Iranian ships or missile facilities or against Iranian-backed militia groups in Iraq. The Pentagon also tacked on the choice of targeting General Suleimani, mainly to make other options seem reasonable.”

Thus far, all offered is that it is “unpredictable” (dangerous) and a dead general caused American deaths. Vietnam should offers a warning about trying to subdue an area. Afghanistan, Iraq, and Libya (with leaders murdered) also are relevant to any discussion. The context with the antagonism between with Sunni and Shiites (with the unmentioned recent Iraq Iran war) is important.

Brecht: Those who are laughing have not yet got the message.
I reply: Those who are not laughing can not survive the message.